New York Court of Common Pleas, 1891

Carter v. Anderson

New York Court of Common Pleas · Decided February 2, 1891

13 N.Y.S. 332; 36 N.Y. St. Rep. 795; 1891 N.Y. Misc. LEXIS 1089 (New York Supplement)

Counsel

Roe <£- Macklin, for the motion. William P. Burr, opposed.

Opinion of the Court

Per Curiam.

As it appears by the moving papers that Hugh C. McG-own is in possession of the premises under a lease which is not to expire until May 1, 1893, restitution cannot be awarded, (Code Civil Proc. § 1323; Costar v. Peters, 4 Abb, Pr., N. S., 53;) but the petitioners must be remitted to their remedy by action; (Market Nat. Bank v. Pacific Nat. Bank, 102 N. Y. 464, 7 N. E. Rep. 302.) Motion denied, but without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.